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AG Securities v Vaughan : ウィキペディア英語版
AG Securities v Vaughan

''AG Securities v Vaughan'' and ''Antoniades v Villiers'' () (UKHL 8 ) were two House of Lords cases decided in the same ruling, which together clarified the role of exclusive possession in identifying what constitutes a lease for the purposes of English land law.
==Facts and prior Court of Appeal rulings==
In the first case, AG Securities, an unlimited company, had a long lease of 25 Linden Mansions, Hornsey Lane, London, with four bedrooms and communal areas. It rented to Nigel Vaughan and three others. Each moved in at different times from 1982, signing independent agreements. In May 1985 AG Securities terminated the agreements. They claimed they jointly held the lease and therefore had statutory protection. The judge held there was no lease. The Court of Appeal held the occupiers had a lease, but Sir George Waller dissented.
In the second case, Mr Antoniades had a long lease of 6 Whiteley Rd, Upper Norwood, London, with a bedroom, kitchen and bathroom, and rented it to Mr Villiers and Miss Bridger. They moved in together and signed identical agreements on 9 February 1985. It stated that the Rent Acts did not apply and that ‘the licensor is not willing to grant... exclusive possession’ and that the use of the flat was ‘in common with the licensor and such other licensees or invitees as he may permit from time to time’. Clause 16 said that other people could use the rooms. In 1986 Mr Antoniades claimed possession. Statute would limit the power to remove them. Judge held they did have a lease. The Court of Appeal held they were licensees.
Both cases were appealed to the House of Lords.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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